Lawful Basis for Processing Clause Examples
The 'Lawful Basis for Processing' clause defines the legal grounds under which personal data may be collected, used, or otherwise processed by a party. Typically, this clause outlines the specific justifications—such as consent, contractual necessity, legal obligations, or legitimate interests—that permit data processing activities under applicable data protection laws. For example, it may specify that data is processed to fulfill a contract with the data subject or to comply with regulatory requirements. Its core practical function is to ensure that all data processing activities are legally justified, thereby protecting both parties from unlawful data handling and supporting compliance with privacy regulations.
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Lawful Basis for Processing. 4.1 The Client warrants that:
a. it has conducted an assessment of the purposes and lawful bases of processing of personal data which will be provided to DWS under Service Agreements;
b. the Categories of Personal Data, Categories of Data Subjects, Purposes, Retention Period(s), Third Countries, Recipients and Lawful Bases set out in the Schedule are amongst those which it is lawfully permitted to process the personal data of data subjects named in the Schedule; and
c. the Schedule is otherwise correct in all material respects.
4.2 DWS shall in relation to any personal data processed in connection with the performance by DWS of its obligations under a Service Agreement:
a. process personal data only on the written instructions of the Client unless DWS is required by the laws of any member of the European Union or by the laws of the European Union applicable to DWS to process personal data (“Relevant Laws”).
b. where DWS relies on laws of a member of the European Union or European Union law as the basis for processing personal data, DWS shall notify the Client of the same before performing the processing required by the Relevant Laws unless those Relevant Laws prohibit DWS from so notifying the Client.
c. ensure that it has in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures. Such measures may include, where appropriate, pseudonymising and encrypting personal data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to personal data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it.
d. ensure that all personnel who have access to and/or process personal data are obliged to keep the personal data confidential.
e. not transfer any personal data outside of the European Economic Area unless the transfer is initiated by the Client or its agents, or prior written consent of DWS has been obtained and the following conditions are fulfilled:
i. the ...
Lawful Basis for Processing. The Parties agree that the lawful basis for Processing is (e.g. exercise of official authority and a matter in the public interest). The categories of Data Subject affected are: (which groups of residents are Processed in the system, e.g. municipal residents, pensioners, savers, students, employees within the organisation, elected representatives, individuals receiving a service, research staff, etc.) The Personal Data being processed is of the following types: (e.g. name, IP address, email address, property reference, sole tradership, etc.) The Sensitive Personal Data affected by the Processing is: (e.g. racial or ethnic origin, political opinions, religious or philosophical beliefs, health and medical data, trade union membership and Processing of genetic and biometric data. When Processing Sensitive Personal Data, special consideration must be given to handling the data in a particular manner in accordance with the Swedish Tax Agency's guidance for classified Personal Data within public administration.).
Lawful Basis for Processing. Oracle will process Personal Data for the R&D Purpose based on Oracle’s legitimate interests when such processing has been determined solely by Oracle to have a limited privacy impact on the individual or as necessary for compliance with Oracle’s legal obligations.
Lawful Basis for Processing. The processing of personal data is necessary for: - the implementation of pre-contractual measures taken at the request of the data subject or for the fulfilment of the contract; - fulfilment of specific obligations or tasks required by EU standards, laws, regulations, contracts, etc.; - the pursuit of legitimate interest and the protection of the rights of the Data Controller.
Lawful Basis for Processing. 5.1 The parties agree that each party is responsible for determining its own lawful basis for processing.
Lawful Basis for Processing. Our lawful basis to collect and use your Personal Information will depend on the type of information and the context in which we process it. We may process your information to enter into or perform a contract with you, for the purposes of our legitimate interests (unless your rights and freedoms override those interests), with your consent, or to comply with our legal obligations (e.
Lawful Basis for Processing. Once a legal gateway has been established, then under Data Protection legislation an appropriate ‘lawful basis’ for processing needs to be defined.
(1) e – ‘processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority’. The legislation set out in Appendix 2, related to Legal Gateways will give the ‘official authority’ for many organisations to rely on this basis.
Lawful Basis for Processing. Under the General Data Protection Regulation and the Data Protection Act 2018 the legal bases for sharing information between the Partners under this agreement have been identified as: Article 6(1) (c) processing is necessary for compliance with a legal obligation to which the controller is subject; or Article 6(1) (d) processing is necessary in order to protect the vital interests of the Data Subject or of another natural person.
Lawful Basis for Processing. (a) The legal grounds for sharing Personal Data by Transport Scotland under this Agreement are:
(i) Processing is necessary in order to protect the vital interests of the Data Subject or of another natural person as outlined in Article 6(1)(d) of GDPR;
(ii) Processing is necessary for compliance with a legal obligation to which the Controller is subject as outlined in Article 6(1)(c) of GDPR; or
(iii) Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller as outlined in Article 6(1)(e) of GDPR.
(b) The legal grounds of Transport Scotland for Processing special categories of Personal Data under this Agreement are:
(i) Processing is necessary to protect the vital interests of the Data Subject or of another natural person where the Data Subject is physically or legally incapable of giving consent as outlined in Article 9(2)(c) of GDPR; or
(ii) Processing is necessary for reasons of substantial public interest, as outlined in Article 9(2)(g) of GDPR.
(c) Police Scotland and BTP are each responsible for ensuring that they have a valid basis under Data Protection Laws to Process and share Personal Data provided by Transport Scotland. The legal grounds for sharing and Processing Personal Data by Police Scotland and BTP under this Agreement are: public task (in terms of article 6(1)(e) of the General Data Protection Regulation) and detailed for Police Scotland in sections 20 and 32 of the Police and Fire Reform (Scotland) Act 2012), namely: • to prevent and detect crime, and protect life and property • to improve the safety and well-being of persons, localities and communities in Scotland, and • working in collaboration with others where appropriate, seek to achieve that main purpose by policing in a way which
(i) is accessible to, and engaged with, local communities, and
(ii) promotes measures to prevent crime, harm and disorder (d) BTP’s powers as a Police Force derive from the Railways and Transport Safety Act 2003 which confers on BTP officers all the powers and privileges of a constable. British Transport Police manage information in line with the Code of Practice on the Management of Police Information which states that use of information must be consistent with the common law policing purposes as defined in the statutory code of practice as follows: • Protecting life and property • Preserving order • Preventing the commissioning of offences • Bringing offende...